You are about to get married, and you have decided you want to use a prenuptial agreement. Maybe you are a business owner, and you want to ensure that your business is protected from a potential divorce in the future. Maybe you have far more assets than your prospective spouse, so you are just trying to keep them in your own name.
But you are also conscious of future financial obligations. Perhaps you and your partner have talked about having children. If there is a divorce, you know it is likely that you will have to pay child support. Could you use the prenup to waive this obligation?
Child support cannot be adjusted in a prenup
No, you cannot use a prenup to make any decisions regarding child support, just like you cannot use it to address child custody.
The key thing to remember is that child support is not for your partner, but for the child. It is meant to provide for their needs and uphold their standard of living. Therefore, even if your spouse agreed to it, they cannot allow you to waive this obligation because they would then be making the decision on your future child’s behalf.
Additionally, divorce courts will look at the child’s best interests when determining things like custody or support. This cannot be determined in advance, before the child has even been born. A prenuptial agreement that includes these provisions would not be binding.
Using prenups properly
Prenuptial agreements can be very helpful and can protect your assets, but you can see why it is so important to understand how to use them correctly and what legal options you have.